Kerala Court Declines Pre-Arrest Bail to MLA Rahul Mamkootathil In Rape Case
Pranav B Prem
The Principal District and Sessions Court at Thiruvananthapuram today dismissed the anticipatory bail plea moved by Rahul Mamkootathil, Member of Legislative Assembly from Palakkad constituency, in a rape and miscarriage case. The allegations against Mamkootathil had come to the forefront earlier this year, prompting the Congress party to suspend his membership in August following assertions of sexual misconduct by multiple women. He subsequently stepped down as the Youth Congress Chief but continues to serve as an MLA representing Palakkad.
The present criminal case was registered after the survivor and her family submitted a written complaint to Chief Minister Pinarayi Vijayan on November 27. The complaint accuses Mamkootathil of rape, impregnating the survivor through sexual assault, and compelling her to undergo an abortion. It further asserts that he threatened her by recording their intimate moments on video.
On the basis of the complaint, the police booked Mamkootathil under several provisions of the Bharatiya Nyaya Sanhita, including Section 64 for rape, Section 89 for forced miscarriage, Section 316 for criminal breach of trust, Section 351 for criminal intimidation, Section 329 for trespass and Section 116 for causing grievous hurt. In addition, Section 66E of the Information Technology Act was invoked for violation of privacy.
In his plea seeking pre-arrest protection, Mamkootathil denied the accusations and termed them politically motivated. According to him, the criminal proceedings were initiated solely to damage his reputation as an active opposition legislator. He also submitted that there was no complaint against him at any stage prior to his rise in the political arena. While acknowledging that he had a physical relationship with the complainant, Mamkootathil asserted that it was consensual and not coerced. He argued that Section 64 of BNS, which deals with rape, was therefore inapplicable. He relied on chat exchanges and call records to claim that the complainant voluntarily maintained the relationship and met him at various places.
The MLA further alleged that the complainant is married to a BJP supporter and living with him, and contended that her political association coupled with her employment in a media organisation reflected an underlying political agenda. He also alleged that the State government was using the case to divert attention from the controversy surrounding the alleged gold theft at the Sabarimala temple.
Despite notices from the police, Mamkootathil has reportedly not appeared before the investigating officers and is alleged to be avoiding arrest. Complicating matters further, fresh allegations have surfaced from a second woman, a non-resident Indian, who is said to have emailed KPCC president Sunny Joseph accusing Mamkootathil of raping her at a resort under the guise of discussing marriage. Today, another interim application was filed by Mamkootathil seeking interim protection from arrest. Dismissing the same, the Court pronounced: "In view of the order passed in this Crl.M.C., the Crl.M.P is also dismissed."
Appearance
Petitioner/Accused: Sasthamangalam S. Ajithkumar Sr.
Cause Title: Rahul B.R. @ Rahul Mamkootathil v. State of Kerala
Case No: Crl.M.C. No. 3585/ 2025
Coram: Smt. Nazeera S. (Principal District and Sessions Judge)
